DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No: 5505-01
15 November 2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 December 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy at age 20 on 28 October 1966 at Cavite
City, Philippines.
completed initial training.
detachment in the Philippines reported that you had fraudulently
enlisted by falsifying documentation showing your eduational
level.
that you be transferred to the Philippines for discharge
processing, and you reported there on 7 July 1968.
The record shows that you satisfactorily
On 22 March 1968 the recruiting
On 18 June 1968 the Bureau of Naval Personnel directed
On 28 August 1968 you began the first of a series of unauthorized
absences which ultimately totaled about 483 days.
court-martial convened on 20 May 1970 and convicted you of these
periods of unauthorized absence.
reduction to pay grade E-l,
confinement at hard labor for six months and a bad conduct
discharge.
were an unauthorized absentee from 31 October 1970 until you were
apprehended on 21 December 1972.
discharge was issued on 8 January 1973.
While your case was pending appellate review, you
The approved bad conduct
A general
The court sentenced you to
forfeiture of all pay and allowances,
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
contention, in effect, that you have been adequately punished for
your offenses and should be allowed to receive benefits.
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your repeated and lengthy periods of unauthorized absence.
In
addition, it is clear that you would have been issued an
undesirable discharged by reason of fraudulent enlistment if you
had not been convicted by court-martial of the unauthorized
absences.
issued and no change is warranted.
The Board concluded that the discharge was proper as
The
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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